Reflections And Reconstructions Of Legal Values In Trademark Law

The trademark was originally established to distinguish sources of goods andprevent confusion. With the expansion of the value of the trademarks and rightstandard thought, the protection of trademark right is increasingly improved byTrademark Law. This situation is not only a deflection from the original purpose butalso lead to question on Trademark Law legitimacy. Expansion of trademarkprotection can easily lead to monopoly and damage the legitimate interests ofconsumers and other competitors, hindering social and economic development. Inorder to change this situation, the State Council announced the《<Trademark Law>(Revised Draft draft)》to make up for the deficiencies of the existing laws. However,modification of the system must be supported by ideological and theoretical.Thevalue of the trademark law is the basis of trademark legal protection.Study this issuescan resolve a series of problems, like why this law can exist, how to work and what isthe ultimate aim and so on. In the occasion of the third revision on《TrademarkLaw》,this paper studies the value of the trademark law in depth. Firstly, I determinethe legitimacy of trademark law; Secondly, I introduce the content of the value ontrademark law; and then, I analyze damage about changes of value. On this basis, Isupport to establish a system,which takes the balance of interests as a guide andcompeting interests balance as a goal. Finally, this paper raises some suggestions onChina’s 《Trademark Law》combined with foreign laws.